RAM CHANDRA Vs. STATE OF RAJ

JUDGEMENT

(1.) The instant criminal leave to appeal has been filed by the accused appellant Ram Chandra S/o Ram Lal under Section 374 (2) of Criminal Procedure Code against the judgment dated 21.12.2005 passed by Addl. Sessions Judge, Raisingh Nagar in Sessions Case No.11/2005 by which the learned trial Court convicted the accused appellant for offence under Section 302 I.P.C. and passed sentence for live imprisonment along with fine of Rs.2000/- and in default of deposition of fine to further undergo six months' RI.

(2.) As per facts of the case, on 28.3.2005 at about 4.30 a.m., the complainant Krishan Lal PW-6 lodged a first information report at Police Station Muklava, District Sriganganagar in which it was alleged that his brother Ram Kumar who was residing at Village 77 L.N.P. along with his family was cultivating the land of one Kashiram Vishnoi on share basis. Wife of Ram Kumar died before 4 - 5 months and Ram Chandra - his cousin who is residing along with his family at Village 28 M.L. ki Rohi is also cultivating land of Nakshatra Singh. It was stated in the FIR that on 27.3.2005, Ram Kumar and Ram Chandra (accused appellant) both cut mustered crop from the fields of Kashi Ram Vishnoi and in the night at about 8 - 9 pm., Ram Kumar went to Ram Chandra (accused appellant) for making 'doli' in the agricultural land of Ram Chandra, from where both Ram Chandra (accused appellant) and Ram Kumar took bath at about 2 a.m. in the night, thereafter, Ram Chandra prepared tea at that time, deceased Ram Kumar came to sit near him but after some time Ram Chandra (accused appellant) went in the 'Kotha' (room) and took weapon 'Kassi' and inflicted injuries upon the head of Ram Kumar. Due to the injuries caused by Ram Chandra (accused appellant), Ram Kumar died on spot and after incident, Ram Chandra tried to kill his wife Sulochana and his son Sonu but they ran away from the place of occurrence. The complainant stated in the FIR that this fact was told to Maya wife of Indra Raj by Sulochana. Thereafter, Manphool Ram, Ram Swaroop, Harnek Singh and Kashi Ram went on spot and they saw that body of Ram Kumar was lying in the house of appellant. As per author of the FIR, said incident took place due to suspicion of accused appellant with regard to illicit relation of his wife Sulochana (PW-4) with deceased Ram Kumar.

(3.) After registration of FIR No. 36 dated 28.3.2005 upon aforesaid complaint, the investigating officer of Police Station Muklava District Sriganganagar proceeded for investigation and in the investigation, weapon 'kassi' was recovered at the instance of accused appellant vide Ex.3, which was sustained with blood. Likewise, pant and shirt of deceased Ram Kumar was also seized vide Ex.7 and 'payjama' of accused appellant was also recovered as per his information vide Ex.16 on 31.3.2005. In the investigation, post-mortem of body of deceased Ram Kumar was also conducted by Medical Officer of Family Health Centre, Udsar and post-mortem report Ex.23 was prepared in which seven wounds were found upon the body of deceased.